Delays & extension of time claims

Is your project suffering from overrun? Are dates for completion of work being missed? Is the work taking longer than expected?

Many construction contracts and projects overrun and a large proportion of the projects and disputes that we deal with involve delays and extension of time.

How we can help

A successful extension of time claim can make can mean that rather than paying out liquidated damages, a contractor is entitled to loss and expense for the period of delay, turning a negative figure in the final account into a positive.

Typically disputes about extension of time are not just about the extension of time itself, but also about when practical completion of the work should have taken place, when it actually took place, liability for liquidated damages (LAD's) or common law damages, and loss and expense claims.

Take action

To maximise your success in dealing with claims for delay and extension of time it is vital that action is taken as soon as possible.

Construction contracts often contain strict 'conditions precedent' clauses which require that notice of delay must be given within a certain period, must contain certain information, and even must be given to specific persons or by specific methods.

If such notice is not given strictly in accordance with the contract terms and the condition precedent is not complied with, then entitlements to extension of time and additional payment that would otherwise be valid can be lost.

Follow the procedures

Different contracts will contain different procedures for claiming extension of time.

A notice of delay and request for extension of time that complies with the JCT contract will not necessarily be in a format that satisfies the provisions of the NEC contract regarding early warning notices and compensation events.

Bespoke amendments to the standard forms of contract must be understood and complied with.


Hand in hand with submitting the correct notices at the correct times, you must ensure that your position is evidenced and documented with relevant supporting information.

Ideally systems will be in place so that records are carefully and accurately completed and kept, and contain the information that is required to evidence a party's position. All of the relevant information needs to be logically collated and organised. This might include:

  • Daily or weekly site diaries or other site progress records.
  • Timesheets and resource allocation returns.
  • Progress reports.
  • Meeting minutes.
  • Requests for information (RFI's).
  • Schedules recording the release of design information and progress of drawings and the design approval process.
  • Instructions.
  • Programmes.
  • Correspondence.
  • Notices of delay and extension of time (whether formally given or otherwise).
  • Payment applications and valuations.

Free initial enquiry

We can advise you on and assist you with the contractual processes that need to be followed, making delay claims, and dealing with disputed claims for extension of time. We can also provide assistance where the relevant contractual provisions have not been followed.

We offer a one hour free initial consultation to new clients. Please contact us by phone, email or using our contact form for a free initial consultation to discuss how we can help you, whether you have made your claims already or not, and whether the time period for doing so has passed or not.